Family Sues Tesla After Fatal Accident While Car Was in Autopilot
· Telemundo McAllen (KTLM)
HOUSTON – The family of a woman who died when a Tesla in automated assistance mode crashed into her home in the Houston area has filed a lawsuit against Tesla and the driver, attorneys reported on Tuesday. Additionally, the National Transportation Safety Board (NTSB) announced that it, along with investigators from the Harris County Sheriff's Office (the largest in the Houston area), has opened a safety investigation. The lawsuit, filed by Jennifer Barbour, daughter of 76-year-old Martha Avila, and her husband, Justin Barbour, in Harris County District Court, alleges a "design defect" related to Tesla and a lack of warning. It also claims negligence on the part of both Tesla and the driver, Michael Butler. Avila was at her home in Katy, a suburb west of Houston, around 8 p.m. on Friday when a Tesla Model 3 crashed into her brick house, according to authorities. Avila was airlifted to a nearby hospital, where she was pronounced dead, the Harris County Sheriff's Office reported. According to the sheriff's office, Butler "stated that he had activated an automated driving assistance system at the time of the crash." The office indicated that Butler showed no signs of intoxication and cooperated with authorities. Tesla and its CEO, Elon Musk, did not immediately respond to a request for comment on Tuesday night. Musk responded on Monday night on X to a news story about the crash. "FSD drives slowly on residential streets, and this was a high-speed crash!" he wrote, referring to the vehicle's Full Self-Driving mode. Tesla first launched "Autopilot" and later "Full Self-Driving" as features in its vehicles. The company states on its website that both are "intended for use with a fully attentive driver, hands on the wheel and ready to take control at any moment." Ashok Elluswamy, Tesla's vice president of AI software, defended the vehicle's systems on Monday. "In this case, the driver manually overridden the autonomous driving by pressing the accelerator to 100% of the pedal in this residential area," Elluswamy wrote on X, which is owned by Musk. The lawsuit, a copy of which the Avila family's attorneys provided to NBC News and Telemundo Houston, alleges that the Tesla was in "Autopilot" mode and that the system has "a known history of danger." The lawsuit cites a 2023 analysis by The Washington Post on government data that "identified at least 17 fatal incidents linked to Tesla's Autopilot." "The actions and omissions of the defendant Butler were performed with reckless disregard for a substantial risk of serious bodily injury," the lawsuit alleges. It was not immediately clear if Butler had an attorney who could speak on his behalf, and attempts to contact him on Tuesday night were unsuccessful. According to the sheriff's office, the Tesla "entered through the brick home at high speed" when it fatally injured Avila around 8:03 p.m. The lawsuit states that Avila was standing in the front room of her house when the Tesla crashed through the wall, "causing her to become trapped in the debris." A doorbell camera captured the sedan speeding into the building. No criminal charges have been filed at this time, and the crash is under investigation by county authorities. The National Highway Traffic Safety Administration (NHTSA) reported on Monday that it will initiate a special investigation into the crash. The Barbours expressed gratitude on Tuesday to the first responders in a statement released by their attorneys. "Their quick response, professionalism, and kindness have been a significant reason we have been able to cope with this unimaginable situation," they said in part. "Thank you for all you do to help families like ours in the most difficult moments of our lives." The lawsuit seeks more than $1 million in damages.
AI summary · Source: Telemundo McAllen (KTLM) →
